Mooney v. Jud's Home Insulation Co.

After trial in the Second District Court of Southern Berkshire and “Findings and Decision” by a judge in favor of the defendant in a contract action, the plaintiffs on March 2, 1974, filed their claim of report to the Appellate Division for the Western District, and on March 6, 1974, filed a draft report. Neither party requested a hearing on the report, but the judge set a hearing for June 21, 1974 (after two postponements, one occasioned by the judge, the other by the plaintiffs’ counsel). The plaintiffs’ counsel failed to appear that day. He had previously, on June 18, 1974, filed in the…